Linares

This is an appeal by defendant from a judgment and order denying a motion for a new trial in a case where he was convicted of robbery.

Appellant makes the formal contention that the information “does not state facts sufficient to constitute a public offense”; but very little argument is presented on the point, and it is enough to say that in our opinion the information is sufficient.

The contention that the evidence was not sufficient to warrant the verdict cannot be maintained. There was certainly some substantial evidence to the point of appellant’s guilt; the prosecution’s witness Fisher testified directly and distinctly to the facts constituting the robbery, and there was also corroborating evidence. The evidence of appellant was no doubt conflicting with that of the prosecution, but, taking it altogether, it fairly presented a case for the exercise of the judgment of the jury.

Only one point is made as to instructions to the jury. Appellant asked an instruction which the court did not give as presented, but did give in the following form: “The court instructs the jury that the law presumes the defendant innocent, and such presumption attends the defendant throughout the…